Bar Council Full Model Test 41 English

Bar Council Full Model Test 41 (English)

Bangladesh Bar Council Preliminary Full Model Test 41

Total Questions: 100 | Full Marks: 100 | Time: 60 Minutes | Negative Marking: -0.25

Subject-wise Marks Distribution: CPC 20, SR Act 10, CrPC 20, Penal Code 20, Evidence Act 15, Limitation Act 10, Legal Ethics & Bar Council Rules 5.

1 / 100

"Defendant" under Section 2(4) includes:

A) Any person from or through whom a defendant derives his liability to be sued

B) Only the person originally sued

C) The court official

D) The plaintiff's lawyer

2 / 100

Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act

A) if they by themselves do not create a liability

B) irrespective of whether they themselves create a liability or not

C) either (a) or (b).

D) if they by themselves create a liability

3 / 100

Can criminal trespass (Sec 447) and house trespass (Sec 448) be tried summarily?

A) No

B) Only in daylight

C) Only if armed

D) Yes

4 / 100

The res inter alia acta is receivable

A) under section 46 of Evidence Act

B) under section 45 of Evidence Act

C) under section 48 of Evidence Act.

D) under section 47 of Evidence Act

5 / 100

What is the short title of the Act?

A) The Limitation Act, 1908

B) The Limitation Act, 1909

C) The Bangladesh Limitation Act, 1908

D) The Suits and Limitation Act, 1908

6 / 100

If a person entitled to the immediate possession of a specific moveable property seeks to recover it, and compensation would not afford adequate relief, the court may:

A) Arrest the defendant

B) Award punitive damages

C) Order a public auction

D) Compel the defendant specifically to deliver it

7 / 100

The offence of abetment by instigation is completed as soon as:

A) The abettor has incited another person to commit an offence

B) The offence abetted has been committed

C) The person abetted has done some overt act

D) All the above acts have taken place

8 / 100

On what date did the rest of the Limitation Act, 1908 come into force?

A) First day of July, 1908

B) First day of January, 1909

C) First day of January, 1908

D) First day of July, 1909

9 / 100

X obtains property from Z by saying, "Your child is in the hands of my gang and will be put to death unless you send 10 lac rupees". X commits:

A) Robbery

B) Theft

C) Criminal breach of trust

D) Extortion

10 / 100

How is a casual vacancy in the Bar Council filled?

A) By new election

B) By AG's nomination

C) By Co-option

D) Left vacant

11 / 100

Under which Article is the Bar Council constituted?

A) Article 4

B) Article 2

C) Article 3

D) Article 5

12 / 100

What does "Remand" of a case by an Appellate Court mean under Order XLI, Rule 23?

A) Sending the case back to the trial court for a fresh trial or to decide it on merits

B) Dismissing the suit permanently

C) Transferring the case to the Supreme Court

D) Sending the parties to jail

13 / 100

Under Section 15, if a party cannot perform a considerable portion of his contract, he himself:

A) Can demand double compensation

B) Can obtain a decree for specific performance

C) Can force the other party to accept part performance

D) Is not entitled to obtain a decree for specific performance

14 / 100

No case in which a Magistrate exercises the special powers conferred by which Section shall be tried in a summary way?

A) Section 144

B) Section 33A

C) Section 154

D) Section 107

15 / 100

A dying declaration is admissible

A) in civil as well as criminal proceedings both

B) only in criminal proceedings

C) in criminal proceedings alone & not in civil proceedings.

D) only in civil proceedings

16 / 100

Under section 32(4) of Evidence Act, the declaration

A) as to private rights & customs are admissible

B) as to public rights & customs are admissible

C) only as to customs are admissible.

D) as to both public and private rights and customs are admissible

17 / 100

Who may confer on a Bench of Magistrates (2nd or 3rd class powers) the power to try certain offences summarily under Section 261?

A) The District Magistrate

B) The High Court

C) The Government

D) The Supreme Court

18 / 100

According to Section 2(1), "applicant" includes:

A) Any person from or through whom an applicant derives his right to apply

B) The legal representative of the defendant

C) Only the person submitting the application

D) The presiding judge

19 / 100

Which sections of the Limitation Act, 1908 came into force at once?

A) Sections 1 and 2

B) Sections 3 and 5

C) Only Section 1

D) Sections 1 and 31

20 / 100

"Actus non facit reum nisi mens sit rea" means:

A) Criminal liability always implies mens rea.

B) To constitute a crime there must be actus reus and mens rea.

C) Actus reus is not always necessary.

D) Mens rea is essential, no crime without it.

21 / 100

Which statement correctly distinguishes theft from extortion?

A) In theft there is taking of property without consent; in extortion there is delivery of property by consent wrongfully obtained.

B) In theft there is dishonest intention, in extortion fraudulent.

C) In theft there is dishonest intention, in extortion not.

D) In extortion there is dishonest intention, in theft not.

22 / 100

In a contract for the sale of a house, it is agreed that part of the furniture should be taken at a valuation. The court may direct specific performance notwithstanding they are unable to agree as to:

A) The price of the house

B) The boundary of the lands

C) The valuation of the furniture

D) The registration date

23 / 100

When an appeal is filed, who prepares the Memorandum of Appeal?

A) The appellant or their pleader

B) The court clerk

C) The trial court judge

D) The respondent

24 / 100

An order granting or refusing a temporary injunction under Order XXXIX, Rule 1 or 2 is:

A) Appealable only to the Supreme Court

B) Not appealable

C) Subject only to review, not appeal

D) Appealable as an "Appeal from Order" (Miscellaneous Appeal) under Order XLIII, Rule 1

25 / 100

The offence of theft (Sec 379/380/381) can be tried summarily if the value of the stolen property does NOT exceed:

A) 1 lac taka

B) 5 lac taka

C) 2 lac taka

D) 10 lac taka

26 / 100

Dishonest misappropriation of property (Sec 403) can be tried summarily if the value of the property does NOT exceed:

A) 7 lac taka

B) 3 lac taka

C) 5 lac taka

D) 1 lac taka

27 / 100

An application for Review under Order XLVII must be made before:

A) The District Judge

B) The very same judge/court that passed the decree or order

C) A mediator

D) The High Court Division

28 / 100

Under section 45 of Evidence Act, the opinion of expert can be for

A) neither (a) nor (b).

B) identity of finger impression

C) both (a) & (b)

D) identity of hand writing

29 / 100

Under Section 2(2), a "bill of exchange" includes:

A) A promissory note

B) A bond

C) A contract

D) A hundi and a cheque

30 / 100

A dying declaration to be admissible

A) must be made before a Magistrate

B) may be made either before a magistrate or a police officer or a doctor or a private person.

C) must be made before the police officer

D) may be made before a doctor or a private person

31 / 100

Under Section 19, compensation awarded may be assessed in such manner as the:

A) Arbitrator decides

B) Defendant offers

C) Plaintiff demands

D) Court may direct

32 / 100

According to Section 3, any instrument (other than a will or codicil) whereby the destination of successive interests in property is disposed of is called a:

A) Trust

B) Settlement

C) Contract

D) Obligation

33 / 100

Assertion (A): The court can allow the right of private defence even if not pleaded by the accused. Reason (R): Accused claims it as a matter of right.

A) A is true but R is false (It is not an absolute right to be granted if evidence doesn't support it, but courts can consider it if evident from facts).

B) Both true, R doesn't explain.

C) Both true, R explains.

D) A is false, R is true.

34 / 100

Can the offence of mischief (Sections 426 and 427 of the Penal Code) be tried summarily?

A) Yes

B) Only by a Sessions Judge

C) No

D) Only if public property is involved

35 / 100

A demands Z's belongings under instant threat of hurt. While Z delivers his purse, A snatches a gold chain from Z's neck. A commits:

A) Robbery by theft as well as robbery by extortion

B) Robbery by theft

C) Robbery by extortion

D) Extortion

36 / 100

If a defendant sets up a counter-claim, it is treated as a plaint and the plaintiff must file a response. What is this response called in practice?

A) Interlocutory application

B) Replication or Written Statement to Counter-claim

C) Rejoinder

D) Caveat

37 / 100

An Appellate Court has the power to dismiss an appeal summarily without serving notice on the respondent if it finds no merit. This is known as:

A) Dismissal under Order XLI, Rule 11

B) Remand

C) Res judicata

D) Rejection of plaint

38 / 100

Which statement correctly defines criminal breach of trust?

A) Whoever dishonestly misappropriates property for his own use.

B) None of the above.

C) Whoever is entrusted with property or dominion over property, dishonestly misappropriates or converts it to his own use.

D) Whoever uses movable property in violation of law.

39 / 100

How many days before the term expires must the next Bar Council election be held?

A) 90 days

B) 30 days

C) 45 days

D) 60 days

40 / 100

If a temporary injunction order is violated, the court may attach the property of the violator and order civil imprisonment up to:

A) 2 years

B) 6 months

C) 1 month

D) 15 days

41 / 100

For theft or receiving stolen property tried summarily, the record must include:

A) The brand of the property

B) The value of the property in respect of which the offence was committed

C) The weight of the property

D) The color of the property

42 / 100

When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible

A) under section 52 of Evidence Act

B) under section 51 of Evidence Act

C) under section 49 of Evidence Act.

D) under section 50 of Evidence Act

43 / 100

A is invited by B for tea. A finds a gold ring, picks it up, and hides it in the room intending to take it later. A commits:

A) Attempt to commit theft

B) Theft (The act of moving completes the theft).

C) No offence

D) Extortion

44 / 100

What is the LIMIT of imprisonment that can be passed in any conviction under a summary trial (Chapter XXII)?

A) 2 years

B) 3 years

C) 1 year

D) 6 months

45 / 100

Explanation to Section 12 states that the breach of a contract to transfer moveable property:

A) Must always be specifically enforced

B) Can be adequately relieved by compensation in money (unless proved otherwise)

C) Is a criminal offense

D) Cannot be adequately relieved by compensation

46 / 100

Throughout the Specific Relief Act, words like "Pakistan" and "Central Government" were substituted by the Bangladesh Laws (Revision and Declaration) Act of:

A) 1973

B) 1971

C) 1972

D) 1974

47 / 100

Declaration as to custom are admissible

A) under section 32(7) of Evidence Act.

B) under section 32(4) of Evidence Act

C) under section 32(2) of Evidence Act

D) under section 32(1) of Evidence Act

48 / 100

An instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, is called a:

A) Promissory note

B) Bill of exchange

C) Cheque

D) Bond

49 / 100

A Bench under Section 261 can summarily try Municipal Act offences punishable with imprisonment for a term NOT exceeding:

A) Three months

B) Six months

C) One year

D) One month

50 / 100

Which statement is true in relation to the offence of abetment?

A) The abettor should have been proved to have done something at the time of commission.

B) A returning a licensed weapon is liable.

C) It is not necessary that the offence for which abetment is alleged should have been committed.

D) Unless the offence is successfully committed, there's no abetment.

51 / 100

Culpable homicide is not murder if it is committed:

A) Under madness.

B) In anger.

C) With the consent of the victim who has completed 12 years.

D) With the consent of the victim who has completed 18 years. (Exception 5 to Sec 300).

52 / 100

Declaration in course of business are admissible

A) under section 32(1) of Evidence Act

B) under section 32(4) of Evidence Act

C) under section 32(7) of Evidence Act.

D) under section 32(2) of Evidence Act

53 / 100

Sedition means:

A) Expressing disapprobation to obtain alteration.

B) Advocacy of boycott of foreign goods.

C) Exciting hatred through writing only.

D) Bringing or attempting to bring the government into hatred or contempt, or exciting disaffection through words, signs, or visible representation.

54 / 100

A plaint must contain the facts constituting the cause of action and:

A) The evidence by which it is to be proved

B) The names of all future witnesses

C) When it arose

D) The entire family history of the defendant

55 / 100

Receiving or retaining stolen property (Sec 411) is triable summarily if the value does NOT exceed:

A) No limit

B) 1 lac taka

C) 5 lac taka

D) 50,000 Taka

56 / 100

A "Decree" conclusively determines the rights of the parties with regard to all or any of the matters in controversy. An "Order" is:

A) The exact same thing as a decree

B) Only issued by police

C) Only issued in criminal cases

D) The formal expression of any decision of a Civil Court which is NOT a decree

57 / 100

A right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another is an:

A) Easement

B) Tenancy

C) Agreement

D) Ownership

58 / 100

Can an order or decree passed in a suit instituted under Section 9 be reviewed?

A) Yes, by the High Court

B) Yes, by the same judge

C) No, nor shall any appeal lie

D) Only in exceptional circumstances

59 / 100

Assertion (A): There is either theft or extortion in robbery. Reason (R): Theft or extortion precedes robbery.

A) A is false, R is true.

B) A is true, R is false.

C) Both A and R are true and R is the correct explanation of A.

D) Both true, R doesn't explain.

60 / 100

Under Order IX, Rule 13, setting aside an ex parte decree may be subject to terms. This means the Court can order the defendant to:

A) Pay costs or deposit the decreed amount in court

B) Go to jail for a week

C) Change their lawyer

D) Withdraw the written statement

61 / 100

A disputed handwriting can be proved

A) by calling an expert

B) all the above.

C) by examining a person acquainted with the handwriting of the writer of the questioned document

D) by comparison of the two-admitted & disputed documents

62 / 100

Z, intending to steal, opened Y's box and found it empty. Z is:

A) Not liable as he didn't do the penultimate act.

B) Guilty of attempt to commit theft as he had the intention and did an act towards it.

C) Not guilty as it was only preparation.

D) Not liable as commission was impossible.

63 / 100

Can a purely clerical or arithmetical mistake in a judgment be corrected after the decree is signed?

A) Yes, by the Court at any time either of its own motion or on the application of any of the parties

B) No, it requires a full fresh appeal

C) Only by the Supreme Court

D) Only within 30 days

64 / 100

The principle of proximity to crime under criminal law is irrelevant while deciding the liability for:

A) Kidnapping and abduction

B) Theft and dacoity

C) Culpable homicide and murder

D) Abetment and conspiracy

65 / 100

To which territory does the Limitation Act, 1908 extend?

A) To the whole of Bangladesh

B) Only to specific divisions

C) To urban areas only

D) Outside Bangladesh

66 / 100

Under Order XIV, if a party wants to frame an additional issue during the trial before the judgment, can the Court do it?

A) Only if the opposing lawyer agrees

B) No, issues are final once framed

C) Only if the Supreme Court orders it

D) Yes, the Court may amend or frame additional issues at any time before passing a decree

67 / 100

A had consensual relations with Z's wife. She gave A valuable property of Z without Z's authority. A took it dishonestly. A commits:

A) Theft

B) Theft and CBT

C) Criminal breach of trust and misappropriation

D) Criminal breach of trust

68 / 100

Which statement correctly describes clause 'thirdly' of Section 300?

A) Intention to cause bodily injury sufficient in the ordinary course of nature to cause death.

B) Knowledge that the act is likely to cause death.

C) Nature of injury need not be proved.

D) It must be shown the accused intended the very injury present.

69 / 100

In summary cases where NO appeal lies (Section 263), the Magistrate need NOT:

A) Write a final order

B) Enter the date of the offence

C) Enter the name of the accused

D) Record the evidence of witnesses or frame a formal charge

70 / 100

Summary trials can be used for offences NOT punishable with death, transportation, or imprisonment for a term exceeding:

A) 2 years

B) 1 year

C) 3 years

D) 5 years

71 / 100

According to Section 2(6), "foreign country" means:

A) Any country other than Bangladesh

B) Countries without a bilateral treaty

C) Neighboring countries only

D) Any country outside Asia

72 / 100

A dying declaration

A) cannot form the sole basis of conviction unless corroborated by independent witness

B) can form the sole basis of conviction without any corroboration by independent evidence

C) only (b) & (c) are correct.

D) can form the basis of conviction only on corroboration by independent witness

73 / 100

If an appeal is filed beyond the period of limitation, it must be accompanied by:

A) A letter of apology

B) An application for condonation of delay under the Limitation Act

C) A fine

D) An arrest warrant for the delay

74 / 100

Section 18(a) states that if a vendor has imperfect title but subsequently acquires any interest in the property, the purchaser may:

A) Sue for fraud

B) Cancel the contract

C) Compel him to make good the contract out of such interest

D) Claim the interest for free

75 / 100

If a party wants to execute a decree against the Government, what is the special protection provided under Section 82?

A) The government pays double

B) It cannot be executed at all

C) Execution shall not be issued unless the decree remains unsatisfied for a period computed from the date of the decree (often 3 months or as specified by the court)

D) The plaintiff is arrested

76 / 100

Under Order VI, Rule 4, if a party alleges fraud, misrepresentation, breach of trust, or undue influence in their pleading, they must:

A) Keep it a secret until trial

B) State the particulars (dates, items, details) explicitly in the pleading

C) State it vaguely

D) Only mention it during oral arguments

77 / 100

Under section 45 of Evidence Act the opinion of expert can be on the question of

A) both (a) & (b)

B) only (a) & not (b).

C) Bangladeshi law

D) Foreign law

78 / 100

Which Article of the Bar Council Order defines the term 'Advocate'?

A) Article 2(b)

B) Article 3

C) Article 4

D) Article 2(a)

79 / 100

The inherent powers of the Court under Section 151 are used primarily for:

A) Creating new laws

B) Changing the Constitution

C) Overriding express provisions of the CPC (English)

D) Ends of justice or to prevent abuse of the process of the Court when no specific rule applies

80 / 100

If a witness is present in court, but refuses to give evidence or produce a document without a lawful excuse, the Court may under Order XVI, Rule 20:

A) Send them home

B) Pay them more money

C) Ignore them

D) Pronounce judgment against them or make such order as it thinks fit

81 / 100

Which of the following MUST be entered in the record of a non-appealable summary trial?

A) All of the above

B) The plea of the accused

C) The serial number

D) The finding and brief statement of reasons (if a conviction)

82 / 100

Cross-objections in an appeal under Order XLI, Rule 22 are filed by:

A) The Government

B) The Respondent against a part of the decree that went against them

C) The Appellant

D) The Trial Judge

83 / 100

Under Section 264, in every case tried summarily in which an appeal LIES, the Magistrate shall record a judgment embodying:

A) A 10-page essay on the crime

B) The substance of the evidence and the particulars mentioned in Section 263

C) Only the final sentence

D) Every single word spoken in court

84 / 100

Under Section 262(1), what procedure is followed in summary trials?

A) Civil Court procedure

B) High Court procedure

C) The procedure prescribed in Chapter XX

D) Procedure for Sessions trials

85 / 100

A threatens to publish a defamatory libel concerning B unless B gives him money. B gives money. A commits:

A) Theft

B) Extortion

C) Criminal intimidation

D) Robbery

86 / 100

Which of the following offences under the Penal Code can be tried summarily?

A) Murder (Sec 302)

B) Robbery (Sec 392)

C) Hurt (Sec 323)

D) Rape (Sec 376)

87 / 100

Under Order XL, Rule 1, a Receiver appointed by the court is considered to be:

A) An agent of the defendant

B) An independent contractor

C) An agent of the plaintiff

D) An officer of the Court

88 / 100

Opinions of experts are relevant

A) under section 47 of Evidence Act

B) under section 45 of Evidence Act

C) under section 48 of Evidence Act.

D) under section 46 of Evidence Act

89 / 100

How long must an applicant serve as a pupil (apprentice) to be enrolled as an advocate?

A) 3 months

B) 1 year

C) 2 years

D) 6 months

90 / 100

Opinion of an expert under section 45 of Evidence Act

A) is a conclusive proof

B) either (a) or (c).

C) is supportive & corroborative in nature

D) is not a conclusive proof

91 / 100

A person dispossessed of immoveable property otherwise than in due course of law can file a suit under Section 9:

A) Only if he proves absolute title

B) Notwithstanding any other title that may be set up in such suit

C) Only against private individuals, not companies

D) Only if the property is registered in his name

92 / 100

Which of the following is NOT authorized to try offences in a summary way under Section 260(1) by default?

A) Any Magistrate of the first class

B) Metropolitan Magistrate

C) Any Magistrate of the second class

D) A Bench of Magistrates invested with 1st class powers

93 / 100

X committed theft in a Govt building. Z, the chowkidar, kept the gate open intentionally to facilitate X's safe retreat. Z is:

A) Not guilty

B) Guilty of theft

C) Guilty of theft by instigation

D) Guilty of abetment of theft by intentional aiding

94 / 100

Can an attempt to commit a summarily triable offence be tried summarily?

A) No

B) Yes, when such attempt is an offence

C) Only in Metro areas

D) Only if the attempt caused injury

95 / 100

Under Order XLI, Rule 27, additional evidence in an Appellate Court is:

A) Never allowed under any condition

B) Strictly restricted and allowed only if the lower court improperly refused it or the appellate court explicitly requires it for pronouncement of judgment

C) Only allowed if it is oral evidence

D) Allowed freely for any reason

96 / 100

The person whose statement is admitted under section 32 of Evidence Act

A) may or may not be competent to testify

B) must be competent to testify

C) need not be competent to testify

D) only (a) is correct and (b) & (c) are incorrect.

97 / 100

Offences relating to weights and measures (Sections 264, 265, 266 of Penal Code) can be tried summarily.

A) Only by the High Court

B) Only if there is no fine

C) True

D) False

98 / 100

Are the offences of bribery and personation at an election (Sec 171E and 171F) summarily triable?

A) Only after the election ends

B) No

C) Only with Election Commission approval

D) Yes

99 / 100

When a criminal act is done by several persons in furtherance of common intention, each is liable:

A) Only for the part he has done

B) As if it was done by each one of them in singular capacity

C) For attempt

D) For abetment

100 / 100

The offence of theft becomes robbery when it is:

A) Coupled with imminent danger to life/hurt/wrongful restraint to commit the theft or carry away property.

B) Committed by 2 to 4 persons

C) Committed by 5 or more persons

D) Coupled with force

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Bar Council Full Model Test 41 English | 100 Marks 60 Min